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HomeMy WebLinkAboutbocc.res.098.2011 RECEPTION #: 584790, 12/02/2011 at 01 :14:40 PM, 1 OF 13, R $0.00 Doc Code RESOLUTION CONTRACT # °�.� "� / Janice K. Vos Caudill, Pitkin County, CO A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING THE AMENDMENT OF A CONSERVATION EASEMENT FROM NORTH THOMPSON FOUR MILE MINERAL AND LAND CORPORATION ON THE JEROME PARK RANCH RESOLUTION Ni l -2011 RECITALS A. North Thompson Four Mile Mineral and Land Corporation ( "Grantor ") conveyed a conservation easement on the Jerome Park Ranch to the Board of County Commissioners of Pitkin County and Colorado Cattlemen's Agricultural Land Trust ( "Grantees ") recorded on 8/15/2007 in the land records of Pitkin County and on 8/22/2007 in the land records of Garfield County, which encumbered 4,773 acres in Garfield and Pitkin Counties ( "Conservation Easement "). B. The legal description of the Conservation Easement contained a scrivener's error which erroneously included two (2) parcels of land that were not owned by Grantor at the time of the Conservation Easement and are not currently owned by Grantor. C. On 8/19/2010, the Pitkin County Open Space and Trails Board (OSTB) adopted a policy on Conservation Easement Amendments that provides a framework to analyze when and why an amendment to a conservation easement may be warranted. Within this policy, correcting "an obvious error or oversight at the time the conservation easement was entered into" is listed as a legitimate circumstance for amendment. D. In compliance with the aforementioned policy, an amendment to the Jerome Park Conservation Easement has been proposed which will correct "Exhibit A Legal Description" of the original conservation easement, and will make no other changes to the document. As specified by the policy, this proposed amendment will improve clarity in order to fulfill our agreement with the original Grantor and our conservation commitment to the community in perpetuity. E. On October 6, 2011, the OSTB recommended the amendment of the Jerome Park Conservation Easement for the purpose of correcting the legal description. On 9/21/2011 the CCALT Board accepted the amendment, as co- grantee to the conservation easement. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY that: 1. The amendment to the Conservation Easement corrects the legal description by removing the two (2) parcels not owned by the Grantor which were erroneously included. 2. The chair is authorized to execute the Amendment to the Conservation Easement. 1 The BOCC finds that adoption of this resolution is necessary to the public health, safety and welfare of the citizens of Pitkin County and therefore declares this resolution and legislation to be effective immediately. INTRODUCED, FIRST READ, AND APPROVED ON THE DAY O2'01 1. NOTICE OF PUBLIC HEARk9 _ r PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE)3`'` OF Ottbe r 2011. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE __ DAY OF U U ji44 y 2011. PUBLISHED AFTER ADO TION IN THE WEEKENDyEDITION OF THE ASPEN TIMES ON THE /3' DAY OF / 4044 , 2011. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO 1 -tt Jones 1 E. Richards Delp ty Clerk Chairwoman Date: ( I h g p , r�i APPROVED AS TO FORM: John E n Peaco . unt„ • - limey County Manager rF Dale Will, Director Open Space and Trails Program Recording requested by and return to: COLORADO CATTLEMEN'S AGRICULTURAL LAND TRUST. 8833 Ralston Road Arvada, CO 80002 AMENDMENT TO DEED OF CONSERVATION EASEMENT FOR JEROME PARK RANCH THIS AMENDMENT TO DEED OF CONSERVATION EASEMENT (this "Amendment ") is made this- day of 6Uei4er , 2011, by the NORH THOMPSON FOUR MILE MINERAL AND LAND CORPORATION, a Colorado corporation, having its address at 4239 Highway 133, Carbondale, Colorado 81623 ( "Grantor "), and the COLORADO CATTLEMEN'S AGRICULTURAL LAND TRUST, a Colorado nonprofit corporation ( "CCALT "), whose address is 8833 Ralston Road, Arvada, Colorado 80002 and the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, a body corporate and politic ( "Pitkin County "), whose address is 530 East Main Street , Aspen, Colorado 81611. (collectively "Grantees "). Grantors and Grantees may collectively be referred to herein as the "Parties ". RECITALS A. Grantor conveyed to Grantees that certain Option Agreement for the Purchase and Sale of a Conservation Easement recorded on 11/9/1998 at reception number 424346 in the land records of Pitkin County (the "Option Agreement "). B. Grantor conveyed to Grantees that certain Deed of Conservation Easement for the Jerome Park Ranch dated August 15, 2007, and recorded on 8/15/2007 at reception number 541011 in the land records of Pitkin County and on 8/22/2007 at reception number 731420 in the land records of Garfield County (the "Conservation Easement "), which encumbered 4,773 acres of real property located in Garfield and Pitkin Counties, Colorado and further described on Exhibit A attached hereto and made a part hereof (the "Original Property "). C. The legal description of the Original Property contained a scrivener's error which erroneously included a 5.36 acre parcel and a 5.24 acre parcel, as part of Lots 1, 2, and 3 of Section 6, Township 8 South, Range 88 West, of the 6 P.M. in Garfield County ( "Erroneous Inclusion Parcels "). The Erroneous Inclusion Parcels were not owned by Grantor at the time of the Option Agreement and Conservation Easement and are not currently owned by Grantor. . D. The Conservation Easement was re- recorded on April 15, 2008 at reception number 548345 in the land records of Pitkin County and on March 19, 2008 at reception number 744880 in the land records of Garfield County ( "Re- Recorded Conservation Easement ") to try to correct the legal description with an additional page excepting the Erroneous Inclusion Parcels. However this re- recorded version was not clear as to its intent. E. The Parties now intend with the grant of this Amendment to correct the legal description for the Original Property subject to the Conservation Easement to exclude the 11 2_11 1 3 Erroneous Inclusion Parcels and to invalidate the Re- recorded Conservation Easement. The corrected legal description is further described on Exhibit B attached hereto and made a part hereof (the "Updated Property"). NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the Parties hereby ratify and affirm that the Conservation Easement encumbers the entire Updated Property, as further set forth below, and that the Conservation Easement remains as a perpetual conservation easement on the Updated Property, a vested interest in real property as of the date of the Conservation Easement defined by Colorado Revised Statutes § 38- 30.5 -101, et. seq., of the nature and character described in the Conservation Easement, as amended in this Amendment. The Parties hereby agree to the following: 1. Exhibit A to the Conservation Easement is hereby deleted and replaced in its entirety by Exhibit B, attached to this Amendment and made a part hereof, which is identical to the original legal description of the Original Property except for its exclusion of the Erroneous Inclusion Parcels. All references to the "Property" in the Conservation Easement are hereby amended to mean the Updated Property described on Exhibit B. 2. All capitalized terms in the Conservation Easement shall have the meanings assigned to them in the Amendment. 3. The parties agree the Re- Recorded Conservation Easement shall be of no force or effect. 4. In the event of a conflict between the terms of the Conservation Easement and this Amendment, the terms of this Amendment shall prevail. 5. The Parties hereby ratify and confirm this modification to the legal description of the Conservation Easement. Nothing herein shall be construed to change or otherwise affect the effective date of the Conservation Easement, and except as amended by this Amendment, the terms of the Conservation Easement shall remain in full force and effect. 6. This Amendment shall be recorded in the real property records of the Clerks and Recorders of Pitkin County and Garfield County. 7. This Amendment shall be effective as of November 9, 1998, the effective date of the Option Agreement. IN WITNESS WHEREOF, Grantors and Grantee, intending to legally bind themselves, have set their hands on the date first written above. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGES FOLLOW] 11211 2 'l GRANTOR: North Thompson Four Mile Mineral and Land Corporation By V:4-7,---; Name: 0 It t & 0.- E_ L , Fa. 1 e5 Title: ?c e 5 ; GY e, raT STATE OF C OLO P( O ) ) ss. COUNTY OF - "c 1k► 1J ) The foregoing instrument was acknowledged before me this 104`- day of QV 0 tvniptir , 2011, by theuiN.6xn T-0,11.3 of the North Thompson Four Mile Mineral and Land Corporation. WITNESS my hand and official seal. My commission expires: My Commission Expires August 4, ZOO ... e , • • 4 • . Public • STAR ®ems i5 .49/ „, f 111 °' ``` • • • • 2295409.3 3 J ACCEPTED: COLORADO CATTLEMEN'S AGRICULTURAL LAND TRUST, a Colorado nonprofit corporation By Name: -- .. I) .,lc,t:03 Title: mac, -c-, •� STATE OF COLORADO ) ) ss. COUNTY OF 3 0 The foregoing instrument was acknowledged before me this 22– day of (..)o trA) , 2011, by ( ) u M; „cA. TR-- , as Sz cre --6- 1 of Colorado Cattlemen ' Agricultural Land Trust, a Colorado nonprbfit corporation. WITNESS my hand and official seal. My commission expires: 10/2_612.6 I .-1 a t . Notary ublic ou • • Np E *: �•r► ' t�k t ry • , PUBL1C ` /o Exp o. 1 1 2_1 1 4 A ' PTED: BOARD OF COUNTY COMMISSIO RS OF PITKIN COUNTY, COLORADO N th, W ► � t Je : e Jones / Ra , el E. Ric • ards, C • ai oman Dep ty Clerk and ' ecorder DATE: APPROVED AS TO FORM: MANAGER APPROVAL: John Ely on Pe ock County • • me County Manager • REC.O ED FO ROYAL: c 1 Dale Will, Director Pitkin County Open Space and Trails STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) k The foregoing instrument was acknowledged before me this �� day of , 2011, by Jeanette Jones, as Deputy County Clerk of Pitkin County, Colorado. WITNESS my hand and official seal. My commission expires: rof0 pgtunt +NNlpprr , `J �. , �' �'t K• SHF'%, Notary�lic sO: �1,OTq;g i v4 7) !-.1.;;;A" °r© ntn��a� ion Expirss 2295409.3 5 STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this Ay of kf:VO,M,`Q 2011, by Rachel Richards, as Chair of the Board of County Commissioners of Pitkin County, Colorado. WITNESS my hand and official seal. My com >iaa!l ►e.pires: &('-3 \ 1 40 40 - • _ �, PUBLIG •�a`; Notary Pub ."44i0, 3Npvii Schedule of Exhibits Exhibit A Legal Description of the Original Property Exhibit B Legal Description of the Updated Property 2295409.3 6 EXHIBIT A LEGAL DESCRIPTION OF THE ORIGINAL PROPERTY SURFACE RIGHTS ONLY IN AND TO THE FOLLOWING DESCRIBED REAL PROPERTY: TOWNSHIP 8 SOUTH, RANGE 89 WEST OF THE 6 P.M. SECTION 14: W %NWY4; E %NE%4; SW %; SE Y4 SECTION 15: NE'/4 ; N '/2 NW %; SE %4 SECTION 16: NE %NE% SECTION 22: E' /2 SECTION 23: ALL SECTION 25: W '/2 SW '/4 SECTION 26: W %;SE %;NW%4NE% SECTION 27: E% SECTION 34: NE '1 11; E' /2 NW % SECTION 35: NWY4;W'ANE% COUNTY OF PITKIN, STATE OF COLORADO TOWNSHIP 8 SOUTH, RANGE 89 WEST OF THE 6 P.M. SECTION 3: LOT 4 ;S %NWY;WYSEY;E%ZSW%4;SW%4SWY4 SECTION 4: LOT 1;SE %NE% SECTION 9: NYNE %;SW %NE %4; SE %NW %4 SECTION 10: SE%;W' /2NE %; E' /2W' /2,SW'/4SW% 11 2_11 7 q EXHIBIT B LEGAL DESCRIPTION OF THE UPDATED PROPERTY SURFACE RIGHTS ONLY IN AND TO THE FOLLOWING DESCRIBED REAL PROPERTY: TOWNSHIP 8 SOUTH, RANGE 89 WEST OF THE 6 111 P.M. SECTION 14: W'/2 NW%4; E'/2 NE %; SW %; SE '/4 SECTION 15: NE %;NY NW%4;SE'/4 SECTION 16: NE%4NE% SECTION 22: E'/ SECTION 23: ALL SECTION 25: W' /2 SW '/4 SECTION 26: W %; SE %; NW '/4 NE '/4 SECTION 27: E'/ SECTION 34: NE %;E'/2 NW% SECTION 35: NW'/; W I/ NE % COUNTY OF PITKIN, STATE OF COLORADO TOWNSHIP 8 SOUTH, RANGE 89 WEST OF THE 6 P.M. SECTION 3: LOT 4;SYNW%;WY2SEY4;EY2SW 1/2;SW %SW%4 SECTION 4: LOT 1;SE %NE%4 SECTION 9: N %2NE%4;SW%4NEY4;SE %NW% SECTION 10: SE '/4; W %2 NE '/4; E 1/2W '/2, SW %4 SW %4 SECTION 11: S% SW %4 11 2_11 9 / ( Also Tess and except a 5.24 acre parcel of land situated in Lot 1, Section 6, Township 8 South, Range 88 West of the 6 P.M. recorded at reception number 440084 book 844 page 252 in the land record of Garfield County and more particularly described as follows: • Beginning at a point whence the Northeast Corner of said Section 6 bears S 89 °42' E, 132.39 feet, said point also lying on the easterly line of the Snowmass Coal Company access easement (90 ft. in width); thence along said easterly line S 58 °19'09" W, 99.61 feet; thence along a curve to the left 476.10 feet having a radius of 671.20 feet and a chord that bears S 37 °59'54" W for 466.18 feet; thence S 17 °40'41" W, 357.11 feet; thence departing said easterly line S 89 °22'10" W, 249.81 feet; thence N 15 °55'37" E, 793.04 feet; thence N 89 °33' E, 210.5 feet; thence S 89 °42' E, 301.89 feet to the Point of Beginning. COUNTY OF GARFIELD, STATE OF COLORADO. 112_11 11 / 3 RECEPTION #: 584791, 12/02/2011 at 01:14:41 PM, 1 OF 11, R $0.00 Janice K. Vos Caudill, Pitkin County, CO Recording requested by and return to COLORADO CATTLEMEN'S AGRICULTURAL LAND TRUST. 8833 Ralston Road Arvada, CO 80002 AMENDMENT TO DEED OF CONSERVATION EASEMENT FOR JEROME PARK RANCH THIS AMENDMENT TO DEED OF CONSERVATION EASEMENT (this "Amendment ") is made this g` ' day offieviA,iir , 2011, by the NORH THOMPSON FOUR MILE MINERAL AND LAND CORPORATION, a Colorado corporation, having its address at 4239 Highway 133, Carbondale, Colorado 81623 ( "Grantor "), and the COLORADO CATTLEMEN'S AGRICULTURAL LAND TRUST, a Colorado nonprofit corporation ( "CCALr ), whose address is 8833 Ralston Road, Arvada, Colorado 80002 and the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, a body corporate and politic ( "Pitkin County"), whose address is 530 East Main Street , Aspen, Colorado 81611 (collectively "Grantees "). Grantors and Grantees may collectively be referred to herein as the "Parties ". RECITALS A. Grantor conveyed to Grantees that certain Option Agreement for the Purchase and Sale of a Conservation Easement recorded on 11/9/1998 at reception number 424346 in the land records of Pitkin County (the "Option Agreement "). B. Grantor conveyed to Grantees that certain Deed of Conservation Easement for the Jerome Park Ranch dated August 15, 2007, and recorded on 8/15/2007 at reception number 541011 in the land records of Pitkin County and on 8/22/2007 at reception number 731420 in the land records of Garfield County (the "Conservation Easement "), which encumbered 4,773 acres of real property located in Garfield and Pitkin Counties, Colorado and further described on Exhibit A attached hereto and made a part hereof (the "Original Property "). C. The legal description of the Original Property contained a scrivener's error which erroneously included a 5.36 acre parcel and a 5.24 acre parcel, as part of Lots 1, 2, and 3 of Section 6, Township 8 South, Range 88 West, of the 6 P.M. in Garfield County ("Erroneous Inclusion Parcels "). The Erroneous Inclusion Parcels were not owned by Grantor at the time of the Option Agreement and Conservation Easement and are not currently owned by Grantor. D. The Conservation Easement was re- recorded on April 15, 2008 at reception number 548345 in the land records of Pitkin County and on March 19, 2008 at reception number 744880 in the land records of Garfield County ( "Re- Recorded Conservation Easement ") to try to correct the legal description with an additional page excepting the Erroneous Inclusion Parcels. However this re- recorded version was not clear as to its intent. E. The Parties now intend with the grant of this Amendment to correct the legal description for the Original Property subject to the Conservation Easement to exclude the 11_2_11 1 RECEPTION #: 584791, 12/02/2011 at 01:14:41 PM, 2 OF 11, Janice K. Vos Caudill, Pitkin County, CO. Erroneous Inclusion Parcels and to invalidate the Re- recorded Conservation Easement. The corrected legal description is further described on Exhibit B attached hereto and made a part hereof (the "Updated Property"). NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the Parties hereby ratify and affirm that the Conservation Easement encumbers the entire Updated Property, as further set forth below, and that the Conservation Easement remains as a perpetual conservation easement on the Updated Property, a vested interest in real property as of the date of the Conservation Easement defined by Colorado Revised Statutes § 38- 30.5 -101, et. seq., of the nature and character described in the Conservation Easement, as amended in this Amendment. The Parties hereby agree to the following: 1. Exhibit A to the Conservation Easement is hereby deleted and replaced in its entirety by Exhibit B, attached to this Amendment and made a part hereof, which is identical to the original legal description of the Original Property except for its exclusion of the Erroneous Inclusion Parcels. All references to the "Property" in the Conservation Easement are hereby amended to mean the Updated Property described on Exhibit B. 2. All capitalized terms in the Conservation Easement shall have the meanings assigned to them in the Amendment. 3. The parties agree the Re- Recorded Conservation Easement shall be of no force or effect. 4. In the event of a conflict between the terms of the Conservation Easement and this Amendment, the terms of this Amendment shall prevail. 5. The Parties hereby ratify and confirm this modification to the legal description of the Conservation Easement. Nothing herein shall be construed to change or otherwise affect the effective date of the Conservation Easement, and except as amended by this Amendment, the terms of the Conservation Easement shall remain in full force and effect. 6. This Amendment shall be recorded in the real property records of the Clerks and Recorders of Pitkin County and Garfield County. 7. This Amendment shall be effective as of November 9, 1998, the effective date of the Option Agreement. IN WITNESS WHEREOF, Grantors and Grantee, intending to legally bind themselves, have set their hands on the date first written above. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGES FOLLOW] u_2_u 2 RECEPTION#: 584791, 12/02/2011 at 01:14:41 PM, 3 OF 11, Janice K. Vos Caudill, Pitkin County, CO GRANTOR: North Thompson Four Mile Mineral and Land Corporation By Name: 0 ;11 t d vi- E. l t' Title: ?r e 5 ; c e W4' STATE OF C OL0(Lpc90 ) ) ss. COUNTY OF ? VT & ►J ) The foregoing instrument was acknowledged before me this 04%-day of O'JU '4CvnS& , 2011, by theuil ■Cp,,,s i.L. F of the North Thompson Four Mile Mineral and Land Corporation. WITNESS my hand and official seal. My commission expires: My Commission Expires AU9USt 4, ZU10 • `.� .s aoAQ6 y • (O�Cp K CSC Cr�� ........ . , , ' 2 ry Public fJ • T �� . �DftG 2295409.3 3 RECEPTION#: 584791, 12/02/2011 at 01:14:41 PM, 4 OF 11, Janice K. Vos Caudill, Pitkin County, CO ACCEPTED: COLORADO CATTLEMEN'S AGRICULTURAL LAND TRUST, a Colorado nonprofit corporation By1 - ?1.4-6---- Name: +k. - ?--ve ,, ,. — 0,,k. la_ Title: !icrc STATE OF COLORADO ) ) ss. COUNTY OF 41 -�v3. ) The foregoing instrument was acknowledged before me this 2Z_ day of _ Na n mLar , 2011, by .4A 3 ; , .. 0..1 ,. 1TS– , as Se Lrt -1 , of Colorado Cattlemen's Agricultural Land Trust, a Colorado nonprbfit corporation. WITNESS my hand and official seal. My commission expires: 10/2.412.0 14 Y ,/1-- -- — Nota ublic ,`"a ` ' y � *O T A R r m �•� 1 "OF'CO�aQl��` u z_u 4 /1 RECEPTION#: 584791, 12/02/2011 at 01:14:41 PM, 5 OF 11, Janice K. Vos Caudill, Pitkin County, CO A PTED: BOARD OF COUNTY COMMISSIO RS OF PITKIN COUNTY, COLORADO By: Je : ! e Jones ( ! Ra el E. Ric 1 ards, CG ai oman Dep ty Clerk and Recorder DATE: • APPROVED AS TO FORM: MANAGER APPROVAL: John Ely on Pe ock County • County Manager RECONME 1 ED FO • ROVAL: Dale ill, Director Pitkin County Open Space and Trails STATE OF COLORADO ) ss. COUNTY OF PITKIN The foregoing instrument was acknowledged before me this day of LIJ(10412( , 2011, by Jeanette Jones, as Deputy County Clerk of Pitkin County, Colorado. WITNESS my hand and official seal. My commission expires: C2( 1a.01 t K SH , � Notary .t„ lic o g $ .' rtory e =a • •'/[�_ my /llllllllf If111•��� /pn Expires ; ., • 2295409 5 RECEPTION #: 584791, 12/02/2011 at 01:14:41 PM, 6 OF 11, Janice K. Vos Caudill, Pitkin County, CO STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this oC day of •O\)e./4 2011, by Rachel Richards, as Chair of the Board of County Commissioners of Pitkin County, Colorado. WITNESS my hand and official seal. My es• y com � +s F Tr 4 Cr+` 10 49 1 3• tIOTAlik afM, s %BOO JO = Notary Pule �fCtl r:7�Yt Schedule of Exhibits Exhibit A Legal Description of the Original Property Exhibit B Legal Description of the Updated Property 2295409.3 6 1 4 RECEPTION #: 584791, 12/02/2011 at 01:14:41 PM, 7 OF 11, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT A LEGAL DESCRIPTION OF THE ORIGINAL PROPERTY SURFACE RIGHTS ONLY IN AND TO THE FOLLOWING DESCRIBED REAL PROPERTY: TOWNSHIP 8 SOUTH. RANGE 89 WEST OF THE 6 P.M. SECTION 14: W'/4 NW %; E lA NE' /4 ; SW'/. ; SE'/. SECTION 15: NEY4; NW%;SEY4 SECTION 16: NE Y4 NE % SECTION 22: E '4 SECTION 23: ALL SECTION 25: W Y2 SW '/4 SECTION 26: W' /: ; SE %; NW % NE % SECTION 27: E '/1 SECTION 34: NE %4;E %NW SECTION 35: NW Y4 W% NE Y4 COUNTY OF PITKIN, STATE OF COLORADO TOWNSHIP 8 SOUTH. RANGE 89 WEST OF THE 6 P.M. SECTION 3: LOT 4;S %NW%4;W%SE %;E %SW %;SW %SW% SECTION 4: LOT 1;SE%NE'/4 SECTION 9: N'/, NE %; SW Y4 NE %; SE %. NW %4 SECTION 10: SE %; W% 11E %4; E %z W '%, SW % SW '% 11_2_11 7 o RECEPTION#: 584791, 12/02/2011 at 01:14:41 PM, 8 OF 11, Janice K. Vos Caudill, Pitkin County, CO SECTION 11: S % SW '/4 TOWNSHIP 7 SOUTH. RANGE 89 WEST OF THE 6 P.M. SECTION 33: S'' /:SE% SECTION 34: SW'4SW%4; ALL THAT PART OF THE E' /: SW ' /4 AND THE W' /: SE 1/4 OF SECTION 34, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6 P.M. LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE WEST LINE OF THE SE' % SW Y4 OF SAID SECTION 34 WHENCE THE NORTH QUARTER CORNER OF SAID SECTION 34 BEARS N 16°04'E 4589.52 FEET; THENCE S 89 °41' E 508.13 FEET; THENCE S 56 °19' E 170.63 FEET; THENCE S 53 °48' E 109.88 FEET; THENCE N 60°25' E 130.84 FEET; THENCE N 32 °26' E 245.12 FEET; THENCE N 26 °04' E 384.42 FEET TO A POINT IN THE CENTER OF A GULCH; THENCE N 89 ° 32' E 533.82 FEET; THENCE N 26 °59' E 162.40 FEET; THENCE N 03 °15' E 392.60 FEET; THENCE N 08 °06' W 387.66 FEET; THENCE N 58 °05' E 84.60 FEET; THENCE N 66 °24' E 412.78 FEET; THENCE N 75 °33' E 488.02 FEET TO A POINT ON "THE EAST LINE OF THE W % SE %4 OF SECTION 34. TOWNSHIP 8 SOUTH. RANGE 88 WEST OF THE 6 P.M. SECTION 5: THE WEST TWENTY -ONE (21) ACRES OF LOT 4, SECTION 6: LOTS 1,2, AND 3, COUNTY OF GARFIELD, STATE OF COLORADO. n2n 8 RECEPTION #: 584791, 12/02/2011 at 01:14:41 PM, 9 OF 11, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT B LEGAL DESCRIPTION OF THE UPDATED PROPERTY SURFACE RIGHTS ONLY IN AND TO THE FOLLOWING DESCRIBED REAL PROPERTY: TOWNSHIP 8 SOUTH. RANGE 89 WEST OF THE 6 P.M. SECTION 14: W'/sNW% ;E'/hNE%;SW%.;SE%. SECTION 15: NE'; N'% NWY.;SEY. SECTION 16: NE % NE' /. SECTION 22: E Y: SECTION 23: ALL SECTION 25: W % SW ''h SECTION 26: W'/:;SE'/.;NW%.NE% SECTION 27: E '/ SECTION 34: NE%;E'hNW% SECTION 35: NW'/.;W% NE% COUNTY OF PITKIN, STATE OF COLORADO TOWNSHIP 8 SOUTH. RANGE 89 WEST OF THE 6 P.M. SECTION 3: LOT 4; S% NW'/.;W %SE%;E'/2SW%;SW%.SW'/. SECTION 4: LOT 1; SE Y. NE % SECTION 9: N'%NEY.;SW'/.NE'/.;SE'/.NW Y. SECTION 10: SE%;W' /:NEA ;E'%W %,SW%.SW'/. SECTION 11: S'/ SW' /. 11_2_11 9 92„ RECEPTION #: 584791, 12/02/2011 at 01:14:41 PM, 10 OF 11, Janice K. Vos Caudill, Pitkin County, CO TOWNSHIP 7 SOUTH. RANGE 89 WEST OF THE 6 P.M, SECTION 33: S'Y SE'' /4 SECTION 34: SW % SW %; ALL THAT PART OF THE EY: SW Y4 AND THE WA SE 1/4 OF SECTION 34, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6 P.M. LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE WEST LINE OF THE SE % SW % OF SAID SECTION 34 WHENCE THE NORTH QUARTER CORNER OF SAID SECTION 34 BEARS N 16 °04 4589.52 FEET; THENCE S 89 °41' E 508.13 FEET; THENCE S 56 °19' E 170.63 FEET; THENCE S 53 °48' E 109.88 FEET; THENCE N 60 °25' E 130.84 FEET; THENCE N 32 °26' E 245.12 FEET; THENCE N 26 °04' E 384.42 FEET TO A POINT IN THE CENTER OF A GULCH; THENCE N 89 °32' E 533.82 FEET; THENCE N 26 °59' E 162.40 FEET; THENCE N 03 °15' E 392.60 FEET; THENCE N 08 °06' W 387.66 FEET; THENCE N 58 °05' E 84.60 FEET; THENCE N 66 °24' E 412.78 FEET; THENCE N 75 °33' E 488.02 FEET TO A POINT ON THE EAST LINE OF THE W' /: SE %4 OF SECTION 34. TOWNSHIP 8 SOUTH. RANGE 88 WEST OF THE 6TH P.M. SECTION 5: THE WEST TWENTY -ONE (21) ACRES OF LOT 4, SECTION 6: LOTS 1, 2, AND 3, Less and except a 5.36 acre tract of land situated in the NIA of Section 6, Township 8 South, Range 88 West of the 6 P.M recorded at book 820 page 952 in the land record of Garfield County more particularly described as follows: Beginning at a point whence a brass cap found in place and properly marked for the South quarter corner of Section 31, Township 7 South, Range 88 West of the 6"' P.M., bears N. 11 degrees 31'13" E. 1238.79 feet; thence N. 51 degrees 0027" E. 727.96 feet; thence S. 20 degrees 13'52" E. 544.07 feet; thence S. 82 degrees 4126" W. 622.22 feet; thence N. 46 degrees 05'56" W. 189.92 feet to the Point of Beginning. 11_2_11 10 9 3 RECEPTION #: 584791, 12/02/2011 at 01:14:41 PM, 11 OF 11, Janice K. Vos Caudill, Pitkin County, CO Also less and except a 5.24 acre parcel of land situated in Lot 1, Section 6, Township 8 South, Range 88 West of the 6'" P.M. recorded at reception number 440084 book 844 page 252 in the land record of Garfield County and more particularly described as follows: Beginning at a point whence the Northeast Corner of said Section 6 bears S 89 °42' E, 132.39 feet, said point also Tying on the easterly line of the Snowmass Coal Company access easement (90 ft. in width); thence along said easterly line S 58 °19'09" W, 99.61 feet; thence along a curve to the left 476.10 feet having a radius of 671.20 feet and a chord that bears S 37°59'54" W for 466.18 feet; thence S 17 °40'41" W, 357.11 feet; thence departing said easterly line S 89 °2210" W, 249.81 feet; thence N 15 °55'37" E, 793.04 feet; thence N 89 °33' E, 210.5 feet; thence S 89 °42' E, 301.89 feet to the Point of Beginning. COUNTY OF GARFIELD, STATE OF COLORADO. nzn 11 Li 1111Fri N11,4VIN14121.10LMIL6Vaiiri Pi 11111 Reception #: 811516 RECEPTION #: 584791, 12/02/2011 at 12!0212011 04:34:01 PM Jean Rlberico 1 of 11 Rec Fee : $61 .00 Doc Fee :0.00 GARF I ELD COUNTY CO 01:14 :41 PM, 1 OF 11, R $0.00 Doc Code EASEMENT Janice K. Vos Caudill, Pitkin County, CO Recording requested by and return to: Y COLORADO CATTLEMEN'S AGRICULTURAL LAND TRUST, 8833 Ralston Road Arvada, CO 80002 AMENDMENT TO DEED OF CONSERVATION EASEMENT FOR JEROME PARK RANCH THIS AMENDMENT TO D ED OF CONSERVATION EASEMENT (this "Amendment ") is made this 1-" day of &Akio ✓ , 2011, by the NORH THOMPSON FOUR MILE MINERAL AND LAND CORPORATION, a Colorado corporation, having its address at 4239 Highway 133, Carbondale, Colorado 81623 ( "Grantor "), and the COLORADO CATTLEMEN'S AGRICULTURAL LAND TRUST, a Colorado nonprofit corporation ( "CCALT "), whose address is 8833 Ralston Road, Arvada, Colorado 80002 and the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, a body corporate and politic ( "Pitkin County "), whose address is 530 East Main Street , Aspen, Colorado 81611 (collectively "Grantees "). Grantors and Grantees may collectively be referred to herein as the "Parties ". RECITALS A. Grantor conveyed to Grantees that certain Option Agreement for the Purchase and Sale of a Conservation Easement recorded on 11/9/1998 at reception number 424346 in the land records of Pitkin County (the "Option Agreement "). B. Grantor conveyed to Grantees that certain Deed of Conservation Easement for the Jerome Park Ranch dated August 15, 2007, and recorded on 8/15/2007 at reception number 541011 in the land records of Pitkin County and on 8/22/2007 at reception number 731420 in the land records of Garfield County (the "Conservation Easement "), which encumbered 4,773 acres of real property located in Garfield and Pitkin Counties, Colorado and further described on Exhibit A attached hereto and made a part hereof (the "Original Property "). C. The legal description of the Original Property contained a scrivener's error which erroneously included a 5.36 acre parcel and a 5.24 acre parcel, as part of Lots 1, 2, and 3 of Section 6, Township 8 South, Range 88 West, of the 6 P.M. in Garfield County ( "Erroneous Inclusion Parcels "). The Erroneous Inclusion Parcels were not owned by Grantor at the time of the Option Agreement and Conservation Easement and are not currently owned by Grantor. . D. The Conservation Easement was re- recorded on April 15, 2008 at reception number 548345 in the land records of Pitkin County and on March 19, 2008 at reception number 744880 in the land records of Garfield County ( "Re- Recorded Conservation Easement ") to try to correct the legal description with an additional page excepting the Erroneous Inclusion Parcels. However this re- recorded version was not clear as to its intent. E. The Parties now intend with the grant of this Amendment to correct the legal description for the Original Property subject to the Conservation Easement to exclude the 11 2_11 1 1111 fel L id1. I9 l. fill IWMIN 11111 Reception #: 811516 12/0212011 04:34:01 PM Jean Alberico 2 of 11 Rec Fee:$61.00 Doc Fee:0.00 GARFIELD COUNTY CO Erroneous Inclusion Parcels and to invalidate the Re- recorded Conservation Easement. The corrected legal description is further described on Exhibit B attached hereto and made a part hereof (the "Updated Property "). NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the Parties hereby ratify and affirm that the Conservation Easement encumbers the entire Updated Property, as further set forth below, and that the Conservation Easement remains as a perpetual conservation easement on the Updated Property, a vested interest in real property as of the date of the Conservation Easement defined by Colorado Revised Statutes § 38- 30.5 -101, et. seq., of the nature and character described in the Conservation Easement, as amended in this Amendment. The Parties hereby agree to the following: 1. Exhibit A to the Conservation Easement is hereby deleted and replaced in its entirety by Exhibit B, attached to this Amendment and made a part hereof, which is identical to the original legal description of the Original Property except for its exclusion of the Erroneous Inclusion Parcels. All references to the "Property" in the Conservation Easement are hereby amended to mean the Updated Property described on Exhibit B. 2. All capitalized terms in the Conservation Easement shall have the meanings assigned to them in the Amendment. 3. The parties agree the Re- Recorded Conservation Easement shall be of no force or effect. 4. In the event of a conflict between the terms of the Conservation Easement and this Amendment, the terms of this Amendment shall prevail. 5. The Parties hereby ratify and confirm this modification to the legal description of the Conservation Easement. Nothing herein shall be construed to change or otherwise affect the effective date of the Conservation Easement, and except as amended by this Amendment, the terms of the Conservation Easement shall remain in full force and effect. 6. This Amendment shall be recorded in the real property records of the Clerks and Recorders of Pitkin County and Garfield County. 7. This Amendment shall be effective as of November 9, 1998, the effective date of the Option Agreement. IN WITNESS WHEREOF, Grantors and Grantee, intending to legally bind themselves, have set their hands on the date first written above. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGES FOLLOW] 11 2_11 2 1111 W . 6 M1 J L ' i 1 1 4 W10114.11/2F Nt h 11111 Reception #: 811516 12/02/2011 04:34:01 PM Jean Rlberico 3 of 11 Reo Fee:$61.00 Doc Fee:0.00 GARFIELD COUNTY CO GRANTOR: North Thompson Four Mile Mineral and Land Corporation By 01' E. L, Fe 1 P5 Title: e 5 ; cPe., STATE OF C 01—o lLP1/4 90 ) ) ss. COUNTY OF k kZ t fJ ) The foregoing instrument was acknowledged before me this ( &"`day of Wt)J'tvn&& , 2011, by theU i 1V a , L , V of the North Thompson Four Mile Mineral and Land Corporation. WITNESS my hand and official seal. My commission expires: My Commission Expires August 4, ZU1b • S fry `�',••• } Public ▪ 4o S • o•o : 1L1 ▪ w � a ▪ ' r ° � i 1 ,of COl�� `• tllill 2295409.3 3 ■IIIM6NL' WilVii10.141410.MIlal41ithltRN 11111 Reception #: 811516 12/02/2011 04:34:01 PM Jean Alberico 4 of 11 Rep Fee:$61.00 Doc Fee:0. GARFIELD COUNTY CO ACCEPTED: COLORADO CATTLEMEN'S AGRICULTURAL LAND TRUST, a Colorado nonprofit corporation B Name: 'C . ?)Q n •ti- �• ��k ��C1 Title: c - kt, `1 STATE OF COLORADO ) ) ss. COUNTY OF , s� The foregoing instrument was acknowledged before me this 22— day of 1..90 ,vx!,zr , 2011, by _ .,, _i , as Se - of Colorado Cattlemen s Agricultural Land Trust, a Colorado nonprbfit corporation. WITNESS my hand and official seal. My commission expires: to/2_612o Notary ublic '• P UBLt C • j I on Exp ires e 11_2_11 4 1 111An 1 1 111.1 41,11.1 LKINrialiliii 11111 Reception #: 811516 12(02/2011 04:34:01 PM Jean Alberico 5 of 11 Rec Fee:561.00 Doc Fee:0.00 GARFIELD COUNTY CO A " PTED: BOARD OF COUNTY COMMISSIONERS / OF PITKIN COUNTY, COLORADO • .../ / Jea : e Jones Ra ' hel E. Ric • ards, C • ai oman Dep, ty Clerk and Recorder DATE: j _ ei ' APPROVED AS TO FORM: MANAGER APPROVAL: John Ely on Pe ock County ' • • me County Manager • RECOC ED FO ROVAL: . Dale Will, Director Pitkin County Open Space and Trails STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this Q 0 day of , 2011, by Jeanette Jones, as Deputy County Clerk of Pitkin County, Colorado. WITNESS my hand and official seal. My commission expires: 6 ioafacD13 � 1 , `, g K, gHF Notaryli _ RF: a. Sr..A9'• Pkin uG / " e 4 )1 EXpiie 2295409.3 5 • VIII Iii I+ri{ 'hn10 I114.111t14.1%1 11111 Reception #: 811516 62 ofZ110Rec0Fee4$61.00 Doc GARFIELD COUNTY CO STAIR OF COLORADO ) ) ss. COUNTY OF PITKIN ) t The foregoing instrument was acknowledged before me this a day of 1,ue4Q 4" 2011, by Rachel Richards, as Chair of the Board of County Commissioners of Pitkin County, Colorado. WITNESS my hand and official seal. My cone ass'o fires: _( ‘Aoi-Arik -11 71? 4 0 5-1- =N PUBUG .�o Notary Pub • O Schedule of Exhibits Exhibit A Legal Description of the Original Property Exhibit B Legal Description of the Updated Property • • 2295409.3 ■III ri NSA, pith NL A I #1.40. 1L 1ri' Ik 11111 Reception: 811516 12/02/2011 04:34:01 PM Jean Alberico 7 of 11 Rec Fee:$61.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A LEGAL DESCRIPTION OF THE ORIGINAL PROPERTY SURFACE RIGHTS ONLY IN AND TO THE FOLLOWING DESCRIBED REAL PROPERTY: TOWNSHIP 8 SOUTH, RANGE 89 WEST OF THE 6 P.M. SECTION 14: W' /2NW%4;E %NE%a;SW%4;SEY4 SECTION 15: NE Y4 ; N % NW 1 /4 ; SE Y4 SECTION 16: NE % NE 1 /4 SECTION 22: E %2 SECTION 23: ALL SECTION 25: WYSWY4 SECTION 26: WY2;SE%4;NW%4NE SECTION 27: E %2 SECTION 34: NE%;E' /2NWY4 SECTION 35: NW1;W%2NEY4 COUNTY OF PITKIN, STATE OF COLORADO TOWNSHIP 8 SOUTH, RANGE 89 WEST OF THE 6 P.M. SECTION 3: LOT 4;S' /2 NW %;W' /2 SE%4;EY2SWY4;SW %SW%4 SECTION 4: LOT 1; SE 1 /4 NE % SECTION 9: N'YNEY4;SWY4NE%;SE%NWY4 SECTION 10: SEY;W NE%;EY2W%,SW%4SWY4 11 2_11 7 ■ III rm. N1N hl' ti44IL IHIC IAni 1 ME IN Rtiiiii 11111 Reception #: 811516 12/02/2011 04:34:01 PM Jean Alberico 8 of 11 Rec Fee:$61.00 Doc Fee:0.00 GARFIELD COUNTY CO SECTION 11: S' /2 SW 1/4 TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6 T " P.M. SECTION 33: S'/SE% SECTION 34: SW %SW%4; ALL THAT PART OF THE E1/2 SW I/4 AND THE W' /2 SE 1/4 OF SECTION 34, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6 TH P.M. LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE WEST LINE OF THE SE % SW %4 OF SAID SECTION 34 WHENCE THE NORTH QUARTER CORNER OF SAID SECTION 34 BEARS N 16 °04'E 4589.52 FEET; THENCE S 89 °41' E 508.13 FEET; THENCE S 56 °19' E 170.63 FEET; THENCE S 53 °48' E 109.88 FEET; THENCE N 60 °25' E 130.84 FEET; THENCE N 32 °26' E 245.12 FEET; THENCE N 26 °04' E 384.42 FEET TO A POINT IN THE CENTER OF A GULCH; THENCE N 89 °32' E 533.82 FEET; THENCE N 26 °59' E 162.40 FEET; THENCE N 03 °15' E 392.60 FEET; THENCE N 08 °06' W 387.66 FEET; THENCE N 58 °05' E 84.60 FEET; THENCE N 66 °24' E 412.78 FEET; THENCE N 75 °33' E 488.02 FEET TO A POINT ON THE EAST LINE OF THE W' /2 SE %4 OF SECTION 34. TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6 T " P.M. SECTION 5: THE WEST TWENTY -ONE (21) ACRES OF LOT 4, SECTION 6: LOTS 1,2, AND 3, COUNTY OF GARFIELD, STATE OF COLORADO. 11 2_11 8 Ell IYYr♦ 11:4001N CII t Iri rw 1111 Reception #: 811516 12/02/2011 04:34:01 PM Jean Alberico 9 of 11 Rec Fee:$61.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT B LEGAL DESCRIPTION OF THE UPDATED PROPERTY SURFACE RIGHTS ONLY IN AND TO THE FOLLOWING DESCRIBED REAL PROPERTY: TOWNSHIP 8 SOUTH, RANGE 89 WEST OF THE 6 P.M. SECTION 14: W' /2NW %; E'//NE%4;SW %;SE%a SECTION 15: NE %; N 1/2 NW %4 ; SE ' /4 SECTION 16: NE %NE%4 SECTION 22: E '/2 SECTION 23: ALL SECTION 25: W 1/2 SW % SECTION 26: W' /2; SE 1 4; NW%4 NE%4 SECTION 27: E' /2 SECTION 34: NEY4;E'/2 SECTION 35: NW %;W' /NE COUNTY OF PITKIN, STATE OF COLORADO TOWNSHIP 8 SOUTH, RANGE 89 WEST OF THE 6 P.M. SECTION 3: LOT 4; S' /2NW'/4; W' /2SE'/4; E' /2 SW %4; SW %4 SW% SECTION 4: LOT 1;SE%4NE%4 SECTION 9: N' /2NE %; SW' /4NE %; SE'/4NW %4 SECTION 10: SE %;W%2NE %;E%2W%2, SW%4SW'/4 SECTION 11: S 1/2 SW '/4 11_2_11 9 ���� IVY'S � 'lI�.�Ylli�l�'IIGPd�IYII�L�II't V+ 6id��1'►IG���f l� ifl "� 11 111 Reception #: 811516 12/02/2011 04:34:01 PM Jean Alberico 10 of 11 Rec Fee:$61.00 Doc Fee:0.00 GARFIELD COUNTY CO TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6" P.M. SECTION 33: S %SE %4 SECTION 34: SW %4SW%4; ALL THAT PART OF THE E SW 1 /4 AND THE W SE 1 /4 OF SECTION 34, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6" P.M. LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE WEST LINE OF THE SE %4 SW 1 /4 OF SAID SECTION 34 WHENCE THE NORTH QUARTER CORNER OF SAID SECTION 34 BEARS N 16 °04'E 4589.52 FEET; THENCE S 89 °41' E 508.13 FEET; THENCE S 56 °19' E 170.63 FEET; THENCE S 53 °48' E 109.88 FEET; THENCE N 60 °25' E 130.84 FEET; THENCE N 32 °26' E 245.12 FEET; THENCE N 26 °04' E 384.42 FEET TO A POINT IN THE CENTER OF A GULCH; THENCE N 89 °32' E 533.82 FEET; THENCE N 26 °59' E 162.40 FEET; THENCE N 03 °15' E 392.60 FEET; THENCE N 08 °06' W 387.66 FEET; THENCE N 58 °05' E 84.60 FEET; THENCE N 66 °24' E 412.78 FEET; THENCE N 75 °33' E 488.02 FEET TO A POINT ON THE EAST LINE OF THE W'/ SE 1/4 OF SECTION 34. TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6" P.M. SECTION 5: THE WEST TWENTY -ONE (21) ACRES OF LOT 4, SECTION 6: LOTS 1, 2, AND 3, Less and except a 5.36 acre tract of land situated in the N'/ of Section 6, Township 8 South, • Range 88 West of the 6 P.M recorded at book 820 page 952 in the land record of Garfield County more particularly described as follows: Beginning at a point whence a brass cap found in place and properly marked for the South quarter corner of Section 31, Township 7 South, Range 88 West of the 6 P.M., bears N. 11 degrees 31'13" E. 1238.79 feet; thence N. 51 degrees 00'27" E. 727.96 feet; thence S. 20 degrees 13'52" E. 544.07 feet; thence S. 82 degrees 41'26" W. 622.22 feet; thence N. 46 degrees 05'56" W. 189.92 feet to the Point of Beginning. 11_2_11 1 0 so ri tokoi ahicioiit 4aG4we1Nu oini 11111 Reception #: 811516 12/02/2011 04:34:01 PM Jean Filberico 11 of 11 Rec Fee:$61.00 Doc Fee:0.00 GARFIELD COUNTY CO Also Tess and except a 5.24 acre parcel of land situated in Lot 1, Section 6, Township 8 South, Range 88 West of the 6 P.M. recorded at reception number 440084 book 844 page 252 in the land record of Garfield County and more particularly described as follows: Beginning at a point whence the Northeast Corner of said Section 6 bears S 89 °42' E, 132.39 feet, said point also lying on the easterly line of the Snowmass Coal Company access easement (90 ft. in width); thence along said easterly line S 58 °19'09" W, 99.61 feet; thence along a curve to the left 476.10 feet having a radius of 671.20 feet and a chord that bears S 37 °59'54" W for 466.18 feet; thence S 17 °40'41" W, 357.11 feet; thence departing said easterly line S 89 °22'10" W, 249.81 feet; thence N 15 °55'37" E, 793.04 feet; thence N 89 °33' E, 210.5 feet; thence S 89 °42' E, 301.89 feet to the Point of Beginning. COUNTY OF GARFIELD, STATE OF COLORADO. 11 2_11 11 1111 11 11 1 Reception #: 811516 RECEPTION #: 584791 12/02/2011 at 12/02/2011 04:34:01 PM Jean Rlberico s 1 of 11 Rec Fee:$61.00 Doc Fee:0.00 GARFIELD COUNTY CO 01 :14:41 PM, 1 OF 11, R $0.00 Doc Code EASEMENT Recording requested by and return to: Janice K. Vos Caudill, Pitkin County, CO COLORADO CATTLEMEN'S AGRICULTURAL LAND TRUST. 8833 Ralston Road Arvada, CO 80002 CONTRACT # / 35" AMENDMENT TO DEED OF CONSERVATION EASEMENT FOR JEROME PARK RANCH THIS AMENDMENT TO D ED OF CONSERVATION EASEMENT (this "Amendment ") is made this 9- day oft/610a1 ✓ , 2011, by the NORH THOMPSON FOUR MILE MINERAL AND LAND CORPORATION, a Colorado corporation, having its address at 4239 Highway 133, Carbondale, Colorado 81623 ( "Grantor "), and the COLORADO CATTLEMEN'S AGRICULTURAL LAND TRUST, a Colorado nonprofit corporation ( "CCALT "), whose address is 8833 Ralston Road, Arvada, Colorado 80002 and the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, a body corporate and politic ( "Pitkin County "), whose address is 530 East Main Street , Aspen, Colorado 81611 (collectively "Grantees "). Grantors and Grantees may collectively be referred to herein as the "Parties ". RECITALS A. Grantor conveyed to Grantees that certain Option Agreement for the Purchase and Sale of a Conservation Easement recorded on 11/9/1998 at reception number 424346 in the land records of Pitkin County (the "Option Agreement "). B. Grantor conveyed to Grantees that certain Deed of Conservation Easement for the Jerome Park Ranch dated August 15, 2007, and recorded on 8/15/2007 at reception number 541011 in the land records of Pitkin County and on 8/22/2007 at reception number 731420 in the land records of Garfield County (the "Conservation Easement "), which encumbered 4,773 acres of real property located in Garfield and Pitkin Counties, Colorado and further described on Exhibit A attached hereto and made a part hereof (the "Original Property "). C. The legal description of the Original Property contained a scrivener's error which erroneously included a 5.36 acre parcel and a 5.24 acre parcel, as part of Lots 1, 2, and 3 of Section 6, Township 8 South, Range 88 West, of the 6 P.M. in Garfield County ( "Erroneous Inclusion Parcels "). The Erroneous Inclusion Parcels were not owned by Grantor at the time of the Option Agreement and Conservation Easement and are not currently owned by Grantor. . D. The Conservation Easement was re- recorded on April 15, 2008 at reception number 548345 in the land records of Pitkin County and on March 19, 2008 at reception number 744880 in the land records of Garfield County ( "Re- Recorded Conservation Easement ") to try to correct the legal description with an additional page excepting the Erroneous Inclusion Parcels. However this re- recorded version was not clear as to its intent. E. The Parties now intend with the grant of this Amendment to correct the legal description for the Original Property subject to the Conservation Easement to exclude the 11 2_11 1 1111 IiiNLi,I hlli' L WI MOM 11111 Reception #: 811516 12/02/2011 04:34:01 PM Jean Rlberico 2 of 11 Rec Fee:$61.00 Doc Fee:0.00 GRRFIELD COUNTY CO Erroneous Inclusion Parcels and to invalidate the Re- recorded Conservation Easement. The corrected legal description is further described on Exhibit B attached hereto and made a part hereof (the "Updated Property"). NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the Parties hereby ratify and affirm that the Conservation Easement encumbers the entire Updated Property, as further set forth below, and that the Conservation Easement remains as a perpetual conservation easement on the Updated Property, a vested interest in real property as of the date of the Conservation Easement defined by Colorado Revised Statutes § 38- 30.5 -101, et. seq., of the nature and character described in the Conservation Easement, as amended in this Amendment. The Parties hereby agree to the following: 1. Exhibit A to the Conservation Easement is hereby deleted and replaced in its entirety by Exhibit B, attached to this Amendment and made a part hereof, which is identical to the original legal description of the Original Property except for its exclusion of the Erroneous Inclusion Parcels. All references to the "Property" in the Conservation Easement are hereby amended to mean the Updated Property described on Exhibit B. 2. All capitalized terms in the Conservation Easement shall have the meanings assigned to them in the Amendment. 3. The parties agree the Re- Recorded Conservation Easement shall be of no force or effect. 4. In the event of a conflict between the terms of the Conservation Easement and this Amendment, the terms of this Amendment shall prevail. 5. The Parties hereby ratify and confirm this modification to the legal description of the Conservation Easement. Nothing herein shall be construed to change or otherwise affect the effective date of the Conservation Easement, and except as amended by this Amendment, the terms of the Conservation Easement shall remain in full force and effect. 6. This Amendment shall be recorded in the real property records of the Clerks and Recorders of Pitkin County and Garfield County. 7. This Amendment shall be effective as of November 9, 1998, the effective date of the Option Agreement. IN WITNESS WHEREOF, Grantors and Grantee, intending to legally bind themselves, have set their hands on the date first written above. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGES FOLLOW] 11_2_11 2 1111 Ilhrli P1 IIiN III I WV ILIWPI 11 11 1 Reception #: 811516 12/02/2011 04:34:01 PM Jean Rlberico 3 of 11 Rec Fee:$61.00 Doc Fee:0.00 GRRFIELD COUNTY CO GRANTOR: North Thompson Four Mile Mineral and Land Corporation By ��/ c/�L� 7 t Name: 0►'Llb tic vv■ _ LP5 Title: ?f e 5 , (Pe. ro STATE OF C 01-0 O ) ) ss. COUNTY OF �Z t ►.l ) The foregoing instrument was acknowledged before me this 64 44.1/4- day of 0J04 tm , 2011, by theUiACG 1 > ,L."Fo■itS of the North Thompson Four Mile Mineral and Land Corporation. WITNESS my hand and official seal. My commission expires: My Commission Expires AU9USt 4, 2o1 0 A. A i i i 0 • . • � 4 . :r yPublic • 4 • LA r '0, of 1 l ` 2295409.3 3 1111 Iii N11111V.Iii IIIIItiriI .IWg. 4411.141iihrit Pik 11111 Reception #: 811516 12/02/2011 04:34:01 PM Jean Rlberico 4 of 11 Rec Fee:$61.00 Doc Fee:0.00 GARFIELD COUNTY CO ACCEPTED: COLORADO CATTLEMEN'S AGRICULTURAL LAND TRUST, a Colorado nonprofit corporation By Name: Title: STATE OF COLORADO ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this 22_ day of , 2011, by 3g_ r G , as Se cre_ -�,- 1� of Colorado Cattlemen's Agricultural Land Trust, a Colorado nonprofit corporation. WITNESS my hand and official seal. My commission expires: 1O/Z(o /2b 1-4 Notary ublic • '. I I* OTA '• PUBt1C i F �F cok. ion Ex NO pit 11_2_11 4 ■iii r.i 1 ilvi Ilifi wu Buie a ghliii 11111 Reception #: 811516 5 off 2120Rec0Fee4$61.00 Doc COUNTY CO A PTED: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO � i • l , .. • 11 ' By: W' g Jea e Jones Rai hel E. Ric p ards, C • ai oman Dep, ty Clerk and Recorder DATE: __ Y APPROVED AS TO FORM: MANAGER APPROVAL: John Ely on Pe ock County • me County Manager • REC61I E ED FO ROVAL: c'. L L _— Dale Will, Director Pitkin County Open Space and Trails STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 4% day ofd , 2011, by Jeanette Jones, as Deputy County Clerk of Pitkin County, Colorado. WITNESS my hand and official seal. My commission expires: Gibes f ac=f �s...Zt' L 4� _, �pt�NUUOU„ „,„ ,'P' Notary sH if��lic -70 NI CITA xi • PrOV �'�/ ? '�l 0 177lflliiill i ; \fi.g Expites 2295409.3 5 all ♦ Nip, h1110 111111141 ON 11111 Reception #: 811516 6Z o Doc GRRFIELD COUNTY CO STATE OF COLORADO ) ) ss. • COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this o� ay of V 2011, by Rachel Richards, as Chair of the Board of County Commissioners of Pitkin County, Colorado. WITNESS my hand and official seal. My comr ass s® fires: _643,a( 3e.71.3, 1 1 k . ...... • I vOTARy 1 1. • = _ • -- 1 si ,�' ' ° UBL1G • o � Notary Publ' s Schedule of Exhibits Exhibit A Legal Description of the Original Property Exhibit B Legal Description of the Updated Property • • • 2295409.3 6 1111 In NM.I Ch1 IItIii,V.WI�L '��Killii 11III Reception #: 811516 12/02/2011 04:34:01 PM Jean Rlberico 7 of 11 Rec Fee:$61.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A LEGAL DESCRIPTION OF THE ORIGINAL PROPERTY SURFACE RIGHTS ONLY IN AND TO THE FOLLOWING DESCRIBED REAL PROPERTY: TOWNSHIP 8 SOUTH, RANGE 89 WEST OF THE 6 P.M. SECTION 14: W%2NWY4;EYNEY4;SWY4;SEY SECTION 15: NEY4;N% NWY4;SEY4 SECTION 16: NE 1 /4 NE 1 /4 SECTION 22: E % SECTION 23: ALL SECTION 25: WY2SWY4 SECTION 26: W'/2;SE%4;NW %NE%4 SECTION 27: E % SECTION 34: NE%;EV2NW% SECTION 35: NWY4;W%2NEY4 COUNTY OF PITKIN, STATE OF COLORADO TOWNSHIP 8 SOUTH, RANGE 89 WEST OF THE 6 111 P.M. SECTION 3: LOT 4 ;S%NW%4;W%2SEY4;EV2SW%;SW%4SW%4 SECTION 4: LOT 1; SE % NE % SECTION 9: N%NEY4;SWY4NE%;SEY4NWY4 SECTION 10: SEY4;WYzNE%4; E' /2WY2,SW%4SWY4 11 2_11 7 ■III ri MrilVIIIti444L IH.I WALK WiI Mi11I 111 Reception #: 811516 12/02/2011 04:34:01 PM Jean Alberico 8 of 11 Reo Fee:$61.00 Doc Fee:0.00 GARFIELD COUNTY CO SECTION 11: S% SW %4 TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6 TH P.M. SECTION 33: S' /2 SE %4 SECTION 34: SW %SW%4; ALL THAT PART OF THE E'/2 SW' /4 AND THE W SE 1/4 OF SECTION 34, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6 T " P.M. LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE WEST LINE OF THE SE 1/4 SW 1/4 OF SAID SECTION 34 WHENCE THE NORTH QUARTER CORNER OF SAID SECTION 34 BEARS N 16 °04'E 4589.52 FEET; THENCE S 89 °41' E 508.13 FEET; THENCE S 56 °19' E 170.63 FEET; THENCE S 53 °48' E 109.88 FEET; THENCE N 60 °25' E 130.84 FEET; THENCE N 32 °26' E 245.12 FEET; THENCE N 26 °04' E 384.42 FEET TO A POINT IN THE CENTER OF A GULCH; THENCE N 89 °32' E 533.82 FEET; THENCE N 26 °59' E 162.40 FEET; THENCE N 03 °15' E 392.60 FEET; THENCE N 08 °06' W 387.66 FEET; THENCE N 58 °05' E 84.60 FEET; THENCE N 66 °24' E 412.78 FEET; THENCE N 75 °33' E 488.02 FEET TO A POINT ON THE EAST LINE OF THE W' /2 SE %4 OF SECTION 34. TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6 TH P.M. SECTION 5: THE WEST TWENTY -ONE (21) ACRES OF LOT 4, SECTION 6: LOTS 1,2, AND 3, COUNTY OF GARFIELD, STATE OF COLORADO. 11_2_11 8 1111 PI .1114 11 II Reception #• 811516 12/02/2011 04:34:01 PM Jean Alberico 9 of 11 Rec Fee:$61.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT B LEGAL DESCRIPTION OF THE UPDATED PROPERTY SURFACE RIGHTS ONLY IN AND TO THE FOLLOWING DESCRIBED REAL PROPERTY: TOWNSHIP 8 SOUTH, RANGE 89 WEST OF THE 6 P.M. SECTION 14: W%NW%; EY NE%;SWY4;SE% SECTION 15: NEY4;N' /2 NW %;SE% SECTION 16: NE 1/4 NE 1/4 SECTION 22: E '/2 SECTION 23: ALL SECTION 25: W '/2 SW Y4 SECTION 26: W' /2; SE% 4; NW%4NE% SECTION 27: E % SECTION 34: NEY4;EY2NW% SECTION 35: NW 1/4;W'ANE1/ COUNTY OF PITKIN, STATE OF COLORADO TOWNSHIP 8 SOUTH, RANGE 89 WEST OF THE 6 111 P.M. SECTION 3: LOT 4;S' /2NW%4;WI /2SE %; E %2SW%4;SW %SW% SECTION 4: LOT 1; SE%NE SECTION 9: N'' /2NE%4; SW'/4NE Y4; SE %NW Y4 SECTION 10: SEh;WY2NEY4;EY2WY2,SW%SW% SECTION 11: S 1/2 SW Y4 11_2_11 9 ■III I ♦ �'�141K.iYlI1N�l �( �G t I 'G��I�I�'I�l� �I�� 11111 Reception #: 811516 12/02/2011 04:34:01 PM Jean Alberico 10 of 11 Rec Fee:$61.00 Doc Fee:0.00 GARFIELD COUNTY CO TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6 P.M. SECTION 33: S%SE% SECTION 34: SW%4SW %; ALL THAT PART OF THE E' /: SW 1/4 AND THE W /2 SE 1 /4 OF SECTION 34, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6 111 P.M. LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE WEST LINE OF THE SE 1/4 SW 1/4 OF SAID SECTION 34 WHENCE THE NORTH QUARTER CORNER OF SAID SECTION 34 BEARS N 16 °04'E 4589.52 FEET; THENCE S 89 °41' E 508.13 FEET; THENCE S 56 °19' E 170.63 FEET; THENCE S 53 °48' E 109.88 FEET; THENCE N 60 °25' E 130.84 FEET; THENCE N 32 °26' E 245.12 FEET; THENCE N 26 °04' E 384.42 FEET TO A POINT IN THE CENTER OF A GULCH; THENCE N 89 °32' E 533.82 FEET; THENCE N 26 °59' E 162.40 FEET; THENCE N 03 °15' E 392.60 FEET; THENCE N 08 °06' W 387.66 FEET; THENCE N 58 °05' E 84.60 FEET; THENCE N 66 °24' E 412.78 FEET; THENCE N 75 °33' E 488.02 FEET TO A POINT ON THE EAST LINE OF THE W 1 /2 SE % OF SECTION 34. TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6 P.M. SECTION 5: THE WEST TWENTY -ONE (21) ACRES OF LOT 4, SECTION 6: LOTS 1, 2, AND 3, Less and except a 5.36 acre tract of land situated in the NIA of Section 6, Township 8 South, Range 88 West of the 6 P.M recorded at book 820 page 952 in the land record of Garfield County more particularly described as follows: Beginning at a point whence a brass cap found in place and properly marked for the South quarter corner of Section 31, Township 7 South, Range 88 West of the 6 P.M., bears N. 11 degrees 31'13" E. 1238.79 feet; thence N. 51 degrees 00'27" E. 727.96 feet; thence S. 20 degrees 13'52" E. 544.07 feet; thence S. 82 degrees 41'26" W. 622.22 feet; thence N. 46 degrees 05'56" W. 189.92 feet to the Point of Beginning. 11211 1 ■IIIi �'I�Ifa���l��� IdC�+Iarl�l�INIt "� 11111 Reception #: 811516 12/02/2011 04:34:01 PM Jean Alberico 11 of 11 Rec Fee:W .00 Doc Fee:0.00 GARFIELD COUNTY CO Also less and except a 5.24 acre parcel of land situated in Lot 1, Section 6, Township 8 South, Range 88 West of the 6 P.M. recorded at reception number 440084 book 844 page 252 in the land record of Garfield County and more particularly described as follows: • Beginning at a point whence the Northeast Corner of said Section 6 bears S 89 °42' E, 132.39 feet, said point also lying on the easterly line.of the Snowmass Coal Company access easement (90 ft. in width); thence along said easterly line S 58 °19'09" W, 99.61 feet; thence along a curve to the left 476.10 feet having a radius of 671.20 feet and a chord that bears S 37 °59'54" W for 466.18 feet; thence S 17 °40'41" W, 357.11 feet; thence departing said easterly line S 89 °22'10" W, 249.81 feet; thence N 15 °55'37" E, 793.04 feet; thence N 89 °33' E, 210.5 feet; thence S 89 °42' E, 301.89 feet to the Point of Beginning. COUNTY OF GARFIELD, STATE OF COLORADO. • 11_211 11